Still over a week from election day and already the problems are piling up. Meanwhile the vendors and their shills are making excuses and attempting to sell the voting public a line of garbage. Among the shills is a federal agency, the Election Assistance Commission, that is supposed to assist the voter and, instead, has sent their chairman out on the road to defend the vendors.

"The U.S. Elections Assistance Commission (EAC) is a complete and utter failure. The current commissioner, Paul DeGregorio, has done nothing to instill confidence in elections or provide a lick of oversight in the deployment and use of these voting systems across the nation in the Midterm Election. In his latest interviews and editorials, he is reprehensibly doing nothing but echoing Voting Machine Company propaganda and Election Officials who choose to be apologists for them."

In a rebuttal to DeGregorios' opinion piece in the Tallahassee Democrat Avi Rubin, Johns-Hopkins Professor, computer scientist and author of "Brave New Ballot" had this to say in his blog:

"I have not seen any reason to trust our nation's voting equipment. Trusting it just because an election official says we should is not good enough for me. I want to trust a system because I don't believe it can be compromised, not because someone implies that not trusting it is not patriotic."

As reported by The BRAD BLOG on Tuesday, Hart Intercivic machines being used in Virginia are cutting off the names of candidates when they appear on the review screen. Thus James H. "Jim" Webb shows as James H. "Jim" on the screen.

The Help America Vote Act of 2002 mandates that a voting machine must provide the voter with an ability to review their vote before they finalize the process. These machines may be in violation of that law but that can be left to the attorneys. It might be nice if those attorneys showed up now, instead of after the election when it'll be too late.

What with all the talk of the disaster that is Diebold, Inc., other Voting Machine Companies such as ES&S and Sequoia have gotten a far too easy ride over the past several months. The easiest ride of all, however --- of the big four democracy-hating American Voting Machine Companies --- has gone to Hart InterCivic, which deserves no such benefit of the doubt.

So to be clear: Hart InterCivic voting systems suck just as much as the others.

I just received a phone call from Holly Jacobson of VoterAction.org, the group that has supported voter lawsuits attempting to decertify e-voting machines in Colorado, California, Arizona, Pennsylvania and elsewhere.

She called us from Colorado just after leaving the courtroom, where the case in that state against the use and purchase of e-voting systems made by Diebold, ES&S, Sequoia and Hart InterCivic was being heard yesterday. She called and said: "We won!"

That call came moments after I'd received a report that CNN's Lou Dobbs had reported an hour or so ago that they had lost the case...

While we don't shy away from talking about the corrupt, the wrong thinking, the un-caring elections officials in our country we don't often get a chance to recognize those who actually do a good job and show that they really do care. I would guess that 90% of the elections officials fall into the category of the caring but it is that 10% who get talked about. I want to change that a bit and talk about one who has made a good decision.

Warren Slocum is the Chief Elections Director of San Mateo County, California. The county has recently decided that they will use Hart Intercivic eSlate Direct Recording Electronic (DRE) voting machines at the polls from now on. That's not a good decision because the eSlates are just as bad as the rest, but it was a decision made and we have to move on.

It has just been reported in the San Mateo Daily Journal that Slocum has decided that there is not enough time for him to be assured that his voters and poll workers can become acclimated to the new voting machines by the general election in November. The polls were supposed to have three to six of the eSlates but now voters will find only one eSlate and paper ballots. Slocum is giving up quick results reporting for integrity and we applaud that.

If only Cuyahoga County, Ohio elections officials had decided on integrity instead of rushing out voting machines that were unfamiliar. If only Maryland elections officials had decided on integrity instead of rushing out an unproven and ripe for failure e-poll book device. And the same "If only..." can be echoed all over the country this primary season.

Thank you Warren Slocum for having integrity and for putting your voters and poll workers first.

It's incredible (or is it at this point?) but the lawsuit filed by several Colorado voters to ban touch-screen voting machines manufactured by Diebold, ES&S, Hart InterCivic and Sequoia in the state has revealed that the state's appointed "expert" --- responsible for certifying voting systems --- has no actual college training in computer science and failed to do any actual testing of the systems before certifying them!

[Democratic candidate for Sec. of State, Sen. Ken] Gordon and the Democratic Party were alarmed by a deposition in the case released this week, in which the secretary of state's staffer in charge of testing the machines says he did only 15 minutes of security checks. The staffer, John Gardner Jr., also said he had no college training in computer science, causing Gordon and others to question whether he was qualified for the job. Gardner also had been information technology chief for the El Paso County clerk, which runs elections there.

The plaintiff's attorneys say Gardner's security checks on the four systems did not include attempts at hacking. Instead, Gardner merely checked whether the manufacturers included security documentation.

"Of course" Gardner should have tried hacking, [plaintiff attorney Paul] Hultin said. "Isn't that the idea of a test?"

...the Secretary of State's office certified a kind of voting machine for Jefferson and Mesa Counties that does not meet state requirements.

The information comes from the deposition of John Gardner - the man appointed by [Colorado Sec. of State] Gigi Dennis as an expert and charged with certifying the machines.

But Gardner testified he is not an expert in the areas required by state law. He also admitted that the Secretary of State's office was under pressure to certify the voting machines because counties had already purchased them.

The bad news is that their effort to postpone an immediate decision in favor of Hart InterCivic has failed. The good news is that the Grannies will keep on Raging. We have a note from the Grannies and a press release describing the meeting.

The Grannies will not give in. We are surprised, but not shocked, at the vote of the Board of Supervisors of San Mateo County, CA today, to approve purchase of the Hart InterCivic Voting systems. As for the Grannies plans now.... Our street theater is going on the road, wherever election protection is needed!

Here's a photo from our dramatization for the press in front of the Hall of Justice building where the Supervisors met. Several newspaper photographers were on hand to document this event.

Our play: Debbie Does Democracy is as follows:

Debbie (in red t-shirt) is suffering from Loss of Voter Confidence and Lack of Civil Rights. Here she is seen being treated by Dr. Jane Q Public with injections of Robust Audits and Software Transparency. All roles played by Raging Grannies.

At first glance they might seem like odd partners, but take another look: Open Voting Consortium and Raging Grannies are working together in San Mateo County to resist the Chief Elections Officer's plan to introduce EVMs from Hart Intercivic Voting Systems.

They had a meeting Monday night and it appeared to go well. Here's a brief account from one of our friends on the scene:

I was very impressed with the excellent organization of the "Open Voting" and "election Integrity" organization(s) ...

[they] have already met with the [board of Supervisors, San Mateo County] ... given them packets of information, have a series of speakers, each with a different aspect of the problem, possible solutions, etc. spelled out.

The map at left shows recent ballot programming flaws across the country. (Click it for details). It is by no means indicative of all flaws. Just the ones we know about. So far.

These are just some of the places where there may be failures in Nov. 2006. How can companies that can't program a couple state's machines for a primary election do 20 to 40 states all at the same time?

In a complaint said to be the broadest yet filed to halt the rise of the electronic voting machines, a non-partisan group of voters have announced they are filing suit today in Colorado to stop the purchase and use of Direct Recording Electronic ("DRE" or touch-screen) voting machines in the state, The BRAD BLOG can now reveal.

The suit, being filed today in Denver District Court and modeled after similar actions filed previously in California, Arizona and New Mexico, calls for an immediate halt to the use of touch-screen machines made by all four of the major electronic voting machine vendors currentlly doing business in Colorado.

The group, advised and organized by VoterAction.org contends that voting machines made by Diebold, Sequoia Voting Systems, Election Systems and Software Inc. (ES&S) and Hart InterCivic "have a well-documented history of problems with security, reliability, verifiability, and disability access."

According to a press release issued this morning (posted in full below) by the Denver law firm of Wheeler Trigg Kennedy LLP the machines "are easily hacked and compromised, and have a history of operational problems which have disrupted elections across the country."

Defendants named in the suit include Colorado Secretary of State Gigi Dennis and the Boards of county commissioners in 9 different CO counties.

"The Secretary of State's Office has failed to issue rules setting minimum standards for security of these systems. The election rules permit the DRE manufacturers to simply tell the State that their machines are secure," said Wheller Trigg Kennedy attorney Paul Hultin in the release. "Worse, the Secretary is not following the law. No certification reports required by law have been prepared even though these systems have been certified for months and counties are preparing to use these dubious systems in the upcoming election," he says.

"Some of the security risks with these machines are so high that it is unconscionable that their manufacturers, who have known of the problems for years, have not taken the necessary steps to correct them," says Univesity of Iowa computer science Professor Dr. Doug Jones, who is one of several experts who will be offering testimony in the case.

"The Help America Vote Act is being turned on its head, weakening the integrity of our elections in the rush to purchase untrustworthy DRE computerized voting systems," said Lowell Finley, Co-counsel for the Colorado voter plaintiffs, election law expert, and Co-director of Voter Action, according to the release. "The sanctity of our elections is too important to turn over to private corporations which operate without accountability. There are better and more secure options available, such as optical scan-paper balloting."

As The BRAD BLOG reported last week, a Conservative Republican former Texas Supreme Court Justice had been considering an Election Contest after electronic voting machine problems and inexplicable tallies plagued the first-in-the-nation March 7th primary in the Lone Star State.

Steve Smith --- who ran for election to the state Supreme Court, Place 2, in the Republican primary against an opponent backed by both Texas Republican Governor Rick Perry and the Bush family --- will be filing an official Election Contest this afternoon in Travis County District Court, The BRAD BLOG has learned.

Since our previous report, the Smith for Supreme Court campaign has been examining election tallies around the state and report that they continue to find anomolies in virtually every county they look into.

"The more research we do, the more irregularities we find," campaign manager David Rogers told The BRAD BLOG this morning.

The problems are being found on machines made by both Hart InterCivic and Election Systems and Software, Inc. (ES&S) --- the two major Electronic Voting Machine vendors supplying the state of Texas.

Rogers says the campaign plans to file the Contest before 5pm (CT) today. The Contest (to be posted in full here when available) will outline some of the many problems they have found so far including counties "where there were more votes than voters."

They hope the Election Contest may allow, for the first time, a closer examination of both the Hart InterCivic and ES&S electronic voting machines used in Texas elections, as well as elsewhere around the country.

An earlier statement from the campaign had detailed a number of the campaign's initial findings including several mysterious totals in Smith's home county of Tarrant where officials admit some 100,000 votes were incorrectly added to the reported results on Election Night.

Smith had outperformed his statewide average in Tarrant County during the 2004 Election by 13%, but this year, his campaign reports, he underperformed the statewide results by 23%. One other such puzzling number reported previously by Smith's campaign:

Winkler County, which went for Smith by margins of 260-92 (74%) and 468-249 (65%) in the 2002 and 2004 elections, went against Smith by an unbelievable 0-273 (100%) margin. Governor Perry received only 83% of the vote in Winkler County, and no other contested candidate topped 80%. The propositions on the ballot topped out at 93%.

Says Rogers, "We are contesting the state as a whole, but looking at specific larger counties where there are problems and a few of the smaller counties where the mistakes were absolutely egregious."

The BRAD BLOG has also previously reported on whistleblower William Singer who had worked at both Hart InterCivic and then as an "Election Programmer" in Tarrant County. Singer had attempted to alert the Texas and Ohio Secretaries of State and Attornies General about concerns, including possible criminal fraud by Hart, ES&S and Tarrant County, as long ago as July of 2004. His letters were all virtually ignored by officials in both states. The Texas Secretary of State was recently forced to shutdown a mandated recount in Tom Green County when it was discovered that recount numbers from the machines differed by some 20% from results reported on Election Night.

Up until now, many critics who have doubted or ignored the many concerns about the hackable hardware and secret software used in Electronic Voting, as expressed for some time by Election Integrity Advocates, have said that it is only Democrats who seem to be concerned about results as tallied on such machines which are now blanketing the country in the wake of the Help America Vote Act (HAVA).

That flawed law was written and sponsored in large part by Rep. Bob Ney (R-OH) and passed in 2002 along with heavy lobbying by Voting Machine Vendor Diebold, Inc. of North Canton, OH and their top lobbyist, Ney's former chief of staff, David DiStefano. HAVA's full impact kicks in by statute for the first time this year. Ney recently stepped down from his chairmanship of the U.S. House Administration Committee after being named in one of the plea bargains by disgraced former Republican super-lobbyist Jack Abramoff.

Smith's election challenge, by a conservative Republican Supreme Court Justice from Texas, may well help to change the tenor of the debate over Electronic Voting, as is becoming apparent in several national mainstream publications of late including USA TODAYwho published a front page story finally touching on these matters today.

We are on the road for the bulk of today and this evening, but if one of our friendly Guest Bloggers can update this item with a copy of the full Election Contest as filed by Steve Smith later today --- once we receive it --- we will do so.

UPDATE 3:50pm PT: Campaign managaer David Rogers has contacted us to let us know the campaign has found additional information that they wish to investigate before filing their contest. Due to this new information they will be delaying the filing by 24 hours.

A Conservative Republican former Texas Supreme Court Justice, who ran against a Republican opponent backed by Gov. Rick Perry, is considering a challenge to the tremendously flawed Primary Elections held in the state two weeks ago on new Electronic Voting Machines.

The campaign for Steve Smith announced last week in a Press Release received only last night by The BRAD BLOG (and posted in full below) has filed a "Public Information Act request with the Tarrant County Elections Administrator seeking to review public documents relating to the Republican Party primary election in Tarrant County" on March 7th.

As discussed in their press release, but elaborated upon to The BRAD BLOG in an interview this afternoon with Smith's campaign manager, David Rogers, the results reported from all across the state seem to make little or no sense.

For example, though his was a statewide race, Smith's home county is Tarrant where in 2004, according to Rogers, Smith "outperformed the statewide results by 13%, but this year, according to the results, he underperformed the statewide results by 23%."

"Something doesn't make sense here," he noted, adding that turnout went up this year by 12,000 votes, but apparently a full "11,000 of them did not go to Smith."

Amongst the many concerns alleged by Smith's campaign are that audit tapes from the voting machines are only available on 103 of the 211 election day voting locations, making it impossible to audit all of the races. "No audit can be correctly performed on more than half of the machines in the state," says Rogers.

Perhaps more troubling still, is this item from Smith's press release:

Winkler County, which went for Smith by margins of 260-92 (74%) and 468-249 (65%) in the 2002 and 2004 elections, went against Smith by an unbelievable 0-273 (100%) margin. Governor Perry received only 83% of the vote in Winkler County, and no other contested candidate topped 80%. The propositions on the ballot topped out at 93%.

Due to time-constraints (we were supposed to hit the road about five hours ago), we weren't able to confirm those incredible Winkler County numbers. But if they are true, they are indeed mind-blowing.

As previously reported, Tarrant County saw some 100,000 votes added incorrectly to the election totals on Hart InterCivic and ES&S voting machines on Election Day. As well, The BRAD BLOG reported on a whistleblower who worked for both Hart and later at Tarrant County. In July of 2004, he sent letters warning the Texas Secretary of State and Attorney General about serious problems which he regarded as both "criminal" and "fraudulent" both at Hart and in Tarrant County's Board of Elections. His letters, he told us, were completely ignored by all of the officials.

And yesterday, that same Sec. of State in Texas was forced to shut down a mandated recount in Tom Green County when the Hart InterCivic machines were reporting results that differed by some 20% from the original totals as reported on Election Night.

We wonder if he might decide to go back and talk to our whistleblower now. Apparently both the Smith campaign and the Fort Worth Star-Telegram (as we learned earlier today when they contacted us for more info) suddenly have an interest in doing so.

Rogers indicated to The BRAD BLOG this morning that they were seriously investigating a complete challenge to the election statewide and hope to get a much closer look at those Hart and ES&S machines in order to try and make sense of whatever the hell happened in Texas.

We'd like to see that happen, of course. And now that a conservative Republican may have had his own ox gored by these infernal machines, perhaps it'll actually become a reality.

The complete Press Release issued by Smith's campaign --- detailing even more "irregularties" in the race --- follows. [emphasis in the original] ...

The Texas Sec. of State has stepped in to stop the recount of ballots being printed from the Hart Intercivic "eSlate" Direct Recording Electronic (DRE, touch-screen) voting machines during a mandated election recount. The stoppage of the recount is due to failure of the voting machines to print all ballots cast during the Texas state primary two weeks ago...

On orders from the Texas Secretary of State's office, the recount for the Tom Green County Court-at-Law No. 2 race has been suspended midway through its second day.

About 1:30 p.m. today, county Republican Chairman Dennis McKerley stopped the recount after workers found discrepancies of as much as 20 percent between what was counted Monday and what was reported Election Night.

"We're having some trouble with the electronic equipment," McKerley said.

Apparently, McKerley said, new electronic voting machines provided by vendor Hart InterCivic are not printing ballots for every vote cast on the machines. During recounts, which must be done by hand, the machines are designed to print out separate ballots for every vote.

A Hart InterCivic representative is expected to arrive Wednesday morning, McKerley said, to determine whether or how to retrieve the remaining printouts.

The problem affects early votes cast in what appears to be every precinct, McKerley said. All of commissioner's Precinct 1 was affected, he said, as were all the randomly selected voting precincts in other parts of the county.

Although sign-in sheets match the counts provided by the machines on Election Night, he said, the number of printouts does not match the sign-in sheets.

More than 3,000 early votes were cast in the race between Assistant County Attorney Julie Hughes, incumbent Judge Penny Roberts and former prosecutor Dan Edwards, meaning the problem likely affects more than 600 votes of the 9,500 cast early and on Election Day.

Just 12 votes separate third-place finisher Edwards from second-place finisher Roberts to see who will face Hughes in the April runoff election. Edwards requested and paid for the recount."

This is another instance where a voter verified paper ballot would have saved the day for voters and voting officials.

Continuing in an exclusive BRAD BLOG series of Voting Machine Vendor and Election Fraud whistleblowers, another insider, from yet another voting machine company, has now come forward to reveal a myriad of known problems inside both the company and in several states and counties with whom they do business.

During last Tuesday's Primary Election in the state of Texas, scores of "computer glitches" --- as voting officials and electronic voting machine vendors like to refer to them --- were revealed occurred across the state. Many of those "glitches" occurred on electronic voting equipment manufactured and supplied to various counties in Texas by the Hart InterCivic company.

One such "glitch" occurred in Texas' Tarrant County, which encompasses Fort Worth. That "glitch" resulted in some 100,000 votes being added to the result totals across the county's paperless Hart-Intercivic "eSlate" touch-screen voting system.

Election Officials in Tarrant claim they didn't look into the problems on Election Night as the problem emerged because, as reported by the Star-Telegram last week, "they were dealing with a new system, new procedures and some new equipment."

The BRAD BLOG can now report, however, that according to a Hart InterCivic company whistleblower --- who also happened to have later worked as an "election programmer" in Tarrant County --- the problems with Hart InterCivic's systems in Tarrant County, Texas and elsewhere are not new at all. Not by a longhorn long shot.

Letters sent by William Singer of Fort Worth, a former Hart InterCivic "technical specialist" and Tarrant County election worker, to state officials back in July of 2004 warned of exactly such problems. The letters, obtained and published here for the first time exclusively by The BRAD BLOG, reveal that serious problems and concerns of possible election system meltdowns were already apparent with the Hart machines in Tarrant County long ago. However, the warning letters were all but ignored by both election officials and even state law enforcement officials.

The "glitch" in last Tuesday's primary, as reported the Star-Telegram, "caused Tarrant County to report as many as 100,000 votes in both primaries that never were cast." After the problem was discovered, they report, "the local turnout [dropped] from a possible record high of about 158,103 voters to about 58,000."

A review of several notarized letters sent by Singer to officials in both Texas and Ohio in 2004 warned of fraudulent activities, buggy software and hardware, dysfunctional testing and development procedures, unsecured working environments and possible criminal behavior by both Hart InterCivic and Election Workers in both states.

Singer --- who eventually resigned from the company and ended up working as an Election Programmer for Tarrant County, where last Tuesday's "glitch" occurred --- wrote of allegations that Hart illegally supplied specially prepared machines for testing to state election officials. Along with doing so, they also withheld a number of known security, programming and hardware flaws during official review and certification of the systems.